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What happens if a motor carrier fails its new entrant safety audit? (§ 385.319 and 385.325)

If FMCSA determines the safety audit discloses the new entrant’s basic safety management controls are inadequate, the Agency will provide the new entrant written notice, as soon as practicable, but not later than 45 days after the completion of the safety audit, that its USDOT new entrant registration will be revoked and its operations placed out-of-service unless it takes the actions to remedy its safety management practices.

If a new entrant fails to submit a written response demonstrating corrective action acceptable to FMCSA within the time specified in § 385.319, FMCSA will revoke its new entrant registration and issue an out-of-service order:

  • 45-day corrective action requirement: Each new entrant listed below must take the specified actions to remedy inadequate safety management practices within 45 days of the date of the notice. FMCSA will revoke its new entrant registration and issue and out-of-service order on the 46th day if the written response is not acceptable:
    • A new entrant that transports passengers in a CMV designed or used to transport between 9 and 15 passengers (including the driver) for direct compensation
    • A new entrant that transports passengers in a CMV designed or used to transport more than 15 passengers (including the driver)
    • A new entrant that transports hazardous materials requiring placards in a CMV as defined in the definition of a “Commercial Motor Vehicle” in § 390.5
  • 60-day corrective action requirement: All other new entrants must take the specified actions to remedy inadequate safety management practices within 60 days of the date of the notice. FMCSA will revoke its new entrant registration and issue and out-of-service order on the 61st day if the written response is not acceptable

Last Updated : June 2, 2014